Intellectual and Patent Infringement between Apple and Samsung Introduction Intellectual Property

A trademark in simple terms is a distinctive and recognizable sign, design, or expression that helps a person to identify goods or services of a particular source from those of others. Generally, the subject matter of trademarks includes words, signs, label, heading, ticket, signature, logos, symbols or any combination of thereof so that it can be graphically represented in a static and two-dimensional manner.

Protection of intellectual property are investments based on acquired knowledge, thought and effort by one or multiple individuals on behalf of themselves, the business they work for when the property is created, and a financial investment. Each of these – acquired knowledge, thought, physical effort, financial investment – have a value that can be attached as it relates the usefulness or importance of the resulting product. That value will have a level of importance to the individual(s) creating the product and if applicable, the investor providing the funds in support of the creation.

An Introduction to the Law and Economics of Intellectual Property Author(s): Stanley M. Besen and Leo J. Raskind Reviewed work(s): Source: The Journal of Economic Perspectives, Vol. 5, No. 1 (Winter, 1991), pp. 3-27 Published by: American Economic Association Stable URL: http://www.jstor.org/stable/1942699 . Accessed: 24/11/2011 08:39

A trademark protects well-known brand logos and helps differentiate them from similar products or services. When you register for a trademark, you are entitled to display the ® symbol (registered trade mark). If you are registered for this, others must request permission If they wish to use your brand. If permission is not requested, legal action can be

An effective system of intellectual property is important in facilitating innovation as well as economic growth within a country and across all its borders (Davidson, Monoti, Wiseman, 2012). The current global economy is concentrating more in the invention of ideas that are original, other than in manufacturing of machines. To enhance and protect these ideas, there ought to be effective intellectual property laws. The government of Australia has prioritized the protection of original ideas from individuals through copyright, patent, and trademarks among other intelligent property laws, which give the inventor a temporary period to enjoy the financial benefits of his or her original idea. The major purposes of intellectual property laws can be contested; therefore, they create areas of interest for

Supreme Court cases in which the court separated the purely functional components of computer software from those that demonstrated "originality of design." Software copyright law protects not only the literal software code from being copied, but also the program's design features and elements, as long as these show evidence of creativity or design.A trade secret is any formula, pattern, compound, device, process, tool, or mechanism that is not generallyknown or discoverable by others, is maintained in secrecy by its owner, and gives its owner a competitive advantage because it is kept secret. The classic example of a trade secret is the formula to Coca-Cola. A trade secret can theoretically last forever -- for as long as its owner uses reasonable efforts to keep it secret and someone else doesn't independently create or "discover" it. Many features of software, such as code and the ideas and concepts reflected in it, can be protected as trade secrets. This protection lasts as long as the protected element retains its trade secret status. Unlike patents, trade secret protection will not extend to elements of software that are readily ascertainable by lawful means, such as reverse engineering or independent

Everywhere we look there is intellectual property. Intellectual property relates to intangible property such as patents, trademarks, copyrights, and trade secrets” (USLegal, n.d.). With all of the intellectual property readily available, online and in print there is no wonder that we as a society have an issue with safe guarding our own intellectual property. In order to protect our intellectual property there have been many laws and or rules established to govern how we handle and safeguard this type of property. These laws are found at both state and federal levels and are different between states. In a similar fashion, laws vary between countries as well.

The second form of intellectual property that must be implemented is Patent. We must protect

The World Intellectual Property Organization (n.d.) helps one understand the importance of protecting intellectual property. They have spelled out several reasons of this importance including inventing new works in technology and culture, which allows progress to be made that, can be utilized worldwide. In addition, the legal protection of intellectual property encourages the commitment of additional resources for further modernization. Finally, promoting and protecting intellectual property encourages economic growth. It creates new jobs and industries. Protecting intellectual property also enhances the quality and

Trade secret regulation, unlike patent, copyright, and trademark law is an existence of state common law, progressively regularized by adoption of the Uniform Trade Secret Act by state legislatures and enactment by the Congress of the Electronic Theft (Riley, 2008). There is likely for competitive advantage when someone has discovered or developed an original product or business process, but innovation is not an independent requirement. Likewise, proof of asset in development of a trade secret supports the twin implications

Intellectual property represents ideas created by minds of humans that require certain rights for their use. Intellectual property gives companies a competitive advantage and attracts the attention of other business partners and investors (Lee, 2016). With such importance, it is necessary for the law to protect these ideas from being used by unauthorized individuals. To shield from this, trade secrets, patents, and copyrights are used to protect the ownership of intellectual property (Legal Information Institute).

Copyrights are established when a work is made in a form that can be recognized as a proprietary work, such as a physical writing or a prototype. The laws surrounding copyright allow the owner of the work the sole right to reproduce as well as the right to distribute the product, unless the copyright owner allows others access. Unauthorized use of copyrighted material is called infringement, and to protect against third parties using works without permission the copyright owner should take steps to show that the work is copyrighted. Trademarks are created to protect the right of an individual or organization to be the sole users of their name, logo, or motto. Fair use law protects the people’s right to utilize copyrighted material in a transformative

We will look into patent law of different countries and then we will see how it will affect the Indian sub-continent. At the end I will do an ethical evaluation of the issue along with my standpoint on the issue raised. Much of the content of this paper may seem to be influenced by the idea of Stallman, as I completely agree his view on this subject and respect his view.

The increasing acceptance of the intellectual property laws by the public culture is somehow related to the ideals of property, control and fear that the benefits from resources out of control may not be significant.

A. Introduction 1. Introduction...............................................................................................3 B. Analysis 2. Analysis of property rights in the case of tangibles................................4 3. Common features of Intellectual property rights...................................6 4. Common features of Intellectual property rights..................................12 5. The extension of property rights to new objects....................................15 C. Existing systems 6.